Page 24 - 2011 Guide to Family Violence Laws

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19
What happens if he violates the
protective order?
You can do two things if he violates
the protective order. First, you can
call the police. If there is probable
cause, the police can arrest him for
violating a protective order and for
any other crime he might have
committed. Second, you should
notify the Family Violence Victim
Advocate, the Family Relations
Counselor and the prosecutor. Your
partner can be ordered back into
court, and the judge could raise his
bond, but this may take a lot of time
and effort on your part and may not
get you the protection you need. If
the judge raises your partner’s bond
and your partner cannot make the
new bond, he will stay in jail until
his case is resolved.
If I see him or ask him to move
back in, does that end the
protective order?
No, but it could make it hard to use
the order later to keep him away
from you or to get him out of the
house.
The order is part of a criminal case
against your partner; it is not an
order against you. If you contact
him or let him in the house it does
not change the order.
If you want to change the order, you
should ask the prosecutor or Family
Relations Counselor to recommend
that the judge vacate (get rid of) or
modify (change) the order, so that he
won't be arrested.
Should I let him see the children?
If you are not physically in danger,
and you don't think he will take the
children or harm them, there is no
reason not to let him visit. If you
might be in danger, or you think he
may take or harm the children, talk
to a lawyer to help you decide what
to do about visitation.
If the Department of Children and
Families [DCF] is involved with your
family, they may tell you whether or
not your partner should see the
children. If DCF is involved with
your family it is important to talk
with a lawyer. If DCF has started a
court case involving your children it
will be in juvenile court. If you are
indigent (poor) then you have a right
to a free attorney for that court case
and you should ask the court to
appoint one right away.
See the Children’s Issues section of
this
Guide
for more information.
I am an immigrant. Will the court
still give me a protective order?
Yes. Connecticut’s family violence
laws apply to all people regardless of
their immigration status. The court
should offer to you the same
protections that it would to any
victim of family violence. Your
immigration status should not affect
the judge’s decision about whether
to give you a protective order.